New@SBA.
Not the First Stop: Reasonable Investigations Before Putting the Fund on Notice
When can an insurer properly place the Motor Vehicle Accident Claims Fund (the “Fund”) on notice in a priority dispute?
Whose Relationship is it Anyways?
Does the relationship with a policyholder belong to the broker or to the insurer? Neither, says the Ontario Superior Court of Justice. It is the policyholder who chooses the broker and the insurance provider.
Guaranteed, Not God-Mode
This Supreme Court case has it all: guaranteed rebuilding cost, compliance cost exclusion, nullification, contract interpretation — find out what every insurer must know before the next total loss claim.
Pay First, Dispute Later: Priority Matters
A recent LAT decision reaffirms the insurer’s obligation to provide timely benefits despite concerns over priority. Where claimants satisfy the low threshold of establishing a nexus with an insurer, that insurer must commence adjusting the claim an…
Insurance Investigators Owe No Duty to Insureds for Claim Delays
In Smitten Baby Products Inc. v. FirstOnSite Restoration Ltd., 2025 ONSC 4281 (CanLII), the Ontario Superior Court dismissed a negligence claim against an insurance investigator retained by an insurer, holding it was “plain and obvious” that the …
Statutory Certainty vs. Flexibility: What Clouthier Means for Insurers
Divisional Court finds weekly benefits payable before submission of the disability certificate with reasonable explanation. In a significant decision, the Ontario Divisional Court has allowed the appeal of Summer Clouthier, a claimant who was struck …
LAT-titude for Success: Criterion 8 Update
The Licence Appeal Tribunal (“LAT”) released a steady stream of decisions addressing catastrophic impairment claims under Criterion 8, which concerns mental or behavioural disorders under the Statutory Accident Benefits Schedule.
No Offer, Big Costs: ONCA Upholds $300K Costs Award on $15K Damages
The recent Court of Appeal decision in Barry v Anantharajah underscores that insurers should make reasonable settlement offers before trial – no matter how strong they believe their case to be.
Does the post-104 IRB test require an analysis of commensurate employment? The Court of Appeal says “yes, but…”
The Court of Appeal recently confirmed that the analysis of whether an insured suffers a complete inability to engage in employment for which they are reasonably suited by education, training or experience requires consideration of a number of differ…
Will a lapsed license total the claim?
On July 3, 2021, the Applicant was involved in an accident while driving with an expired license. Security National Insurance refused to defend or indemnify him on the basis that he made false statements in his claim and was driving with an expired l…